Melbourne by-election, 1904
Encyclopedia
A by-election
was held for the Australian House of Representatives
seat of Melbourne
in Victoria
on 30 March 1904. This was triggered by the Chief Justice
of the High Court
(sitting as a Court of Disputed Elections
) declaring invalid the election of Sir Malcolm McEacharn
to the seat in the 1903 federal election. The writ for the by-election was issued by the Speaker of the Australian House of Representatives
on 15 March 1904.
had held the seat for the Protectionist Party
since the 1901 election, and was re-elected with a slim 77 vote majority. McEacharn's opponent in 1901 and 1903 was Dr. William Maloney
, a medical doctor, social worker and reform agitator who had run for the Labour Party
.
Following the declaration of McEacharn's election, Maloney petitioned the Court of Disputed Elections, alleging that the applications for 303 ballot papers had been improperly attested by persons unqualified to do so, including police constables, sergeants and other unqualified persons. In addition, 66 postal ballots were examined, and were likewise ruled invalid as having been recorded on material other than ordinary ballot papers. In all, between 240 and 250 "bad votes" were cast for McEacharn, easily negating his 77 vote majority.
The Chief Justice took the view that if the votes had been informal through any fault of the voters concerned, the votes would have been voided and Maloney elected. However, as the informality had arisen through the fault of Commonwealth electoral officers, he would have to rule the election invalid, thus triggering a by-election.
in Scotland
, where he purchased the ancestral home of the Earl of Galloway
.
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
was held for the Australian House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
seat of Melbourne
Division of Melbourne
The Division of Melbourne is an Australian Electoral Division of Victoria. It is represented by Adam Bandt of the Australian Greens.Created at Federation in 1900 the division was one of the original 75 divisions contested at the first federal election...
in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
on 30 March 1904. This was triggered by the Chief Justice
Chief Justice of Australia
The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia...
of the High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
(sitting as a Court of Disputed Elections
Court of Disputed Returns (Australia)
The Court of Disputed Returns in Australia is a jurisdiction established by Part XXII of the Commonwealth Electoral Act. The jurisdiction is exercised by the High Court of Australia, which can refer cases to the Federal Court...
) declaring invalid the election of Sir Malcolm McEacharn
Malcolm McEacharn
Sir Malcolm Donald McEacharn was Mayor of Melbourne from 1897 to 1900. He was a well-known Australian shipping magnate in the early part of the twentieth century and successfully stood for the Division of Melbourne at the inaugural federal election, held in 1901.- Early life :McEacharn was born in...
to the seat in the 1903 federal election. The writ for the by-election was issued by the Speaker of the Australian House of Representatives
Speaker of the Australian House of Representatives
The Speaker of the House of Representatives is the presiding officer of the House of Representatives, the lower house of the Parliament of Australia. The presiding officer in the upper house is the President of the Senate....
on 15 March 1904.
Background
The 1903 federal election took place on 16 December. Sir Malcolm McEacharnMalcolm McEacharn
Sir Malcolm Donald McEacharn was Mayor of Melbourne from 1897 to 1900. He was a well-known Australian shipping magnate in the early part of the twentieth century and successfully stood for the Division of Melbourne at the inaugural federal election, held in 1901.- Early life :McEacharn was born in...
had held the seat for the Protectionist Party
Protectionist Party
The Protectionist Party was an Australian political party, formally organised from 1889 until 1909, with policies centred on protectionism. It argued that Australia needed protective tariffs to allow Australian industry to grow and provide employment. It had its greatest strength in Victoria and in...
since the 1901 election, and was re-elected with a slim 77 vote majority. McEacharn's opponent in 1901 and 1903 was Dr. William Maloney
William Maloney
Dr William Robert Nuttal Maloney was a long serving Australian Labor Party member of the Australian House of Representatives for 36 years from 1904 to 1940....
, a medical doctor, social worker and reform agitator who had run for the Labour Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
.
Following the declaration of McEacharn's election, Maloney petitioned the Court of Disputed Elections, alleging that the applications for 303 ballot papers had been improperly attested by persons unqualified to do so, including police constables, sergeants and other unqualified persons. In addition, 66 postal ballots were examined, and were likewise ruled invalid as having been recorded on material other than ordinary ballot papers. In all, between 240 and 250 "bad votes" were cast for McEacharn, easily negating his 77 vote majority.
The Chief Justice took the view that if the votes had been informal through any fault of the voters concerned, the votes would have been voided and Maloney elected. However, as the informality had arisen through the fault of Commonwealth electoral officers, he would have to rule the election invalid, thus triggering a by-election.
Results
Aftermath
A 2.86% swing towards Labour saw Dr. Maloney elected, and the seat of Melbourne was held by the ALP until 2010. Following his defeat, McEacharn abandoned not only politics but Australia, leaving the country in 1905 and moving to WigtownshireWigtownshire
Wigtownshire or the County of Wigtown is a registration county in the Southern Uplands of south west Scotland. Until 1975, the county was one of the administrative counties used for local government purposes, and is now administered as part of the council area of Dumfries and Galloway...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, where he purchased the ancestral home of the Earl of Galloway
Earl of Galloway
Earl of Galloway is a title in the Peerage of Scotland. It was created in 1623 for Alexander Stewart, 1st Lord Garlies, with remainder to his heirs male bearing the name and arms of Stewart. He had already been created Lord Garlies in the Peerage of Scotland in 1607, with remainder to the heirs...
.